Certainteed Fiber Cement Siding Litigation

This morning, after I posted the class action settlement on the Trex decking mold and color fade issue, my good friend and fellow home inspector, Darryl Piatt, from Coos Bay, Oregon, responded with information on yet another settlement from another brand. Darryl wrote...

Michael, I posted information some time back on the Certainteed Fiber Cement class action settlement. I just noticed that you are blogging about the plastic lumber Trex suit so thought you might be interested so I thought you might be interested in the link... http://www.certainteedfibercementsettlement.com/hc/en-us

Darryl Piatt - Coos bay, Oregon

I just love it when friends, family, and fellow home inspectors share informational links and stories with me because it helps me stay on top of all the issues dealing with residential construction.

CertainTeed will pay $103.9 million to settle the Class Action if approved by the Court.

CertainTeed Corporation and representatives of owners of buildings on which the Siding had been installed reached a proposed class action settlement. The settlement is intended to resolve disputes between the parties about the performance of the Siding. This proposed class action settlement covers the entire United States.

You must file a Claim Form and have an Eligible Claim as defined in the Agreement in order to receive a remedy under the Agreement. You have six years from the Effective Date (see below) to file a Claim Form.

You are a Settlement Class Member if:

As of September 30, 2013, you owned a home, residence, building, or other structure in the United States, on which the Siding was installed on or before September 30, 2013.

If you are a Settlement Class Member, you are only eligible for a remedy under the Agreement if you have an Eligible Claim. Briefly, this means that your Siding exhibits Qualifying Damage pursuant to the criteria set forth in the Agreement. You may also file a claim if you purchased a building on which the Siding was installed on or before September 30, 2013, and the seller did not retain the right to make a claim.

If you owned a building on which the Siding was installed on or before September 30, 2013, but sold it, you may file a claim only if (a) the purchaser assigned that right to you in writing, AND (b) your claim package is postmarked no later than the later of 180 days after the Effective Date of the Settlement Agreement or the settlement on the sale of the building. You must submit the written assignment of the claim with your claim package.

The Court in charge of this case has not yet decided whether or not to approve the settlement.

No payments to Class Members will be made until after the Court approves the settlement and after any possible appeals are resolved.

What is Qualifying Damage?

Qualifying Damage to Siding means damage caused by a defect in the Siding that is manifested as shrinkage between the ends of Siding in excess of 3/16” except that for Siding installed abutting windows, doors or trim, shrinkage must exceed 5/16”. In addition, Siding with warping or bowing in excess of 1/2", field and edge cracking through the board, or delamination is also Qualifying Damage.

How do I know if I have the Siding that is the subject of this lawsuit?

All CertainTeed fiber cement products can be easily identified by one of two means, both of which are accepted by the company when processing product warranty claims:

1.

Product control and identification numbers imprinted on the reverse side of the fiber cement siding will always be present and will include one of these essential initials:

• TH (Terre Haute Plant)

• WC (White City Plant)

• RR (Roaring River Plant)

2.

Unique fingerprint of wood grain in fiber cement siding: CertainTeed WeatherBoards are imprinted with a wood grain pattern that includes a characteristic knot recognizable in photographs as well as in siding samples.

There are several other ways to find out if you have the Siding:

Check your purchase or repair documents. You may have receipts, warranties, bills of sales, or brochures from when you purchased or repaired your Siding. These documents may say that the Siding was installed on your property.

The contractor or company that installed or repaired your Siding may know whether or not the Siding was installed.

See if you still have packaging material for the Siding. The installer may have left a package of leftover Siding in your garage or basement and you may be able to identify it from the packaging.

Ask a contractor or builder. An experienced contractor or builder may be able to tell by looking at your property whether you may have the Siding.

What are your thoughts?

About the author

Since 1995, Master Inspector Michael Leavitt has continued to run the finest inspection firm in Northern Utah. Michael Loves to write and this business portion of his blog captures fun moments and informative topics geared towards educating and entertaining homeowners and other real estate professionals. Michael has consistently built his inspection reputation by being extremely thorough in our inspection protocols. If you are looking for the finest inspection firm in Northern Utah, then confidently draw upon Michael’s experience and order your inspection today!!!